How will the
vote to leave
affect UK employers?

With the vote to leave the European Union still sinking in, it will be some time before we can expect an official statement on the future landscape of the UK’s immigration policy. Nevertheless, UK employers should seek to open dialog with those EEA (European Economic Area) staff members who will, at this moment in time, be extremely concerned about their future in the UK.

Are there any immediate changes we need to be aware of as an employer of EEA nationals?

No. The vote to leave does not affect the fact that we have not yet given official notice to leave the EU. The UK can leave the EU at any point after this notification has been given, and it has a maximum of two years to negotiate the terms of the exit. As formal leave negotiations cannot begin until this process is underway, it is unlikely that we will see any official change for the time being.

What changes could our EEA workforce face?

It is important to remember that free movement to and from the UK of EEA nationals may actually be maintained, in return for access to the single trade market. It is also imperative that your EEA employees are aware that they currently have the right to remain in the UK for the immediate future.

There are roughly three million EEA nationals currently living in the UK and they make up around 6.6% of the national workforce.

It is not yet clear how the UK immigration landscape will change following a formal exit from the European Union, however, it is likely that many of those already in the UK, along with their families will be allowed to stay.

What will happen to our current EEA employees?

Although it is not yet clear how this issue will be approached, it is expected that transitional arrangements will be made by the government to allow EEA nationals already in the country, to remain in the UK. It remains to be determined, however, exactly what these arrangements will be.

For many, the road to receiving indefinite leave to remain, permanent residency and even British citizenship will be open, due to the fact that they have already been in the UK for five years or more.

What about the families of our EEA employees?

Many employees will not only be concerned for their own future, but for their dependants and family members who are also in the UK. Should freedom of movement come under threat, the immigration rights of family members and dependants in the UK will most likely depend upon the successful status of your employee.

Will we still be able to hire EEA nationals once the UK leaves the EU?

Many industries look to the global labour market in order to satisfy the growing need for skills which are currently unavailable within the UK’s resident workforce, and will continue to do so.

It is therefore in the country’s interest to ensure that UK employers are still able to access the right skills from beyond our borders, and it is almost certain that measures will be introduced to accommodate this need.

This could take the form of incorporating skilled EEA migration into the current Tier 2 visa category, and/or the launch of Tier 3, a visa route intended for ‘low skilled’ migration to the UK. For now, however, this is mere speculation.

What can we do to prepare our business ahead of a formal leave?

Until further clarification is given, UK businesses should be advised to take stock of those EEA employees who might be affected should freedom of movement be curtailed in any way, and to keep them up to date on developments as they occur. Talking with your staff will not only reassure them, but will also inform your business as to its best course of action. It is important to remember that EEA staff members will not be the only ones facing change, but their families and dependants may also be affected.

Throughout these uncertain times, Smith Stone Walters will continue to act as a trusted adviser to its clients, liaising closely with the Home Office department of UK Visas & Immigration (UKVI) to seek answers to questions as they arise.

Please contact us to seek advice and support regarding how Brexit could affect your organisation and its workforce.

 

More on the vote to leave and UK immigration:

Applying for British citizenship as an EEA national

EEA nationals: how to apply for permanent residency

EEA nationals: your post-Brexit options

Brexit: what does it mean for UK immigration?

SSW statement on referendum decision

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